RELEASE, WAIVER AND QUITCLAIM ARE GENERALY FROWNED UPON BY THE COURTSAtty Elvin
Jurisprudence frowns upon waivers and quitclaims forced upon employees. Waivers and quitclaims are, however, not invalid in themselves. When shown to be freely executed, they validly discharge an employer from liability to an employee. A legitimate waiver representing a voluntary settlement of a laborer’s claims should be respected by the courts as the law between the parties. (Remoticado vs. Typical Consturction Trading Corp. and Rommel M. Alignay, G.R. No. 206529. April 23, 2018)
In Goodrich Manufacturing Corporation vs. Ativo it is provided that the law looks with disfavor on quitclaims and releases by employees who have been inveigled or pressured into signing them by unscrupulous employers seeking to evade their legal responsibilities and frustrate just claims of employees.
See more sample HR Forms here
In certain cases, however, the Court has given effect to quitclaims executed by employees if the employer is able to prove the following requisites, to wit: (I) the employee executes a deed of quitclaim voluntarily; (2) there is no fraud or deceit on the part of any of the parties; (3) the consideration of the quitclaim is credible and reasonable; and (4) the contract is not contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law.
Sample Form: Release, Waiver and Quitclaim
Republic of the Philippines )
City of _________________ ) S.S.
RELEASE, WAIVER AND QUIT CLAIM
I, MR. ____________________________, of legal age, Filipino, married and a resident of ________________________________ after having been duly sworn to in accordance with law, do hereby depose and say that:
- I was an employee of XYZ Corporation. I was hired as Administrative Clerk on __________;
- On ____________ I tendered my resignation which took effect ___________________ and was duly accepted in writing by the company;
- During my employment with the company I received all salaries and benefits due me and the company remitted all contributions to the Social Security System (SSS), Pag-Ibig and PhilHealth;
- Thus, for and in consideration of the sum of THIRTY THOUSAND PESOS (P30,000.00) which I received in cash as my last salary and accrued benefits, I release the company from any and all liabilities pertaining to my salaries and benefits or all obligations arising from my employment;
- Further, I release, remiss and forever discharge XYZ Corporation, its successors-in-interest, stockholders, officers, directors, agents or employees from any action, sum of money, damages, claims and liabilities arising wholly, particularly or directly from my being an employee with said company as of the date hereof;
- I acknowledge that I have received all amounts that are now or may be due to me from the company as of the date hereof. I also acknowledge that during the entire period of my employment or connection with the company up to the time of these presents, I had received and was paid all compensation, benefits, and privileges to which I was entitled under all laws and policies of the company by reason of such relationship, and if found in any manner to have been entitled to any other amounts, this last payment of the sum above mentioned is a full and final settlement of any and all such undisclosed claims.
IN WITNESS WHEREOF, I have hereunto set my hands this ________ day of
____________________ in ____________ City.
Signed in the Presence of:
SUBSCRIBED AND SWORN to before me this __________ day of ______________ 20____ in ________ City, affiant exhibited to me his competent evidence of identity shown above.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 200__.